Tiny East Texas town seizes nearly $1.2 million in cash in 2007

Nearly $1.2 million in cash was seized from mostly out-of-town motorists and their passengers by city peace officers in the tiny East Texas town of Tenaha in 2007, records released this morning indicate. Another $115,000 was seized by a county constable working in town in the same period _ a relative fortune in a town of 1,000 people.

We knew a lot of money was being seized under the state’s Chapter 59 asset forfeiture law. This confirms it.

The peace officers considered the cash contraband _ used either to commit certain crimes or with the proceeds of certain crimes.

Yet as we reported over the weekend, fewer than half of 140 motorists who had property stripped from them were ever charged with a crime, according to a review of court records. Often, the property itself was used in affidavits we reviewed as the sole evidence that a crime had occurred.

Some people were presented with waivers stating that no criminal charges would be filed if they agreed to fork over the property.

Today, a Tenaha council member called to express concern the town would get a bad name. Out of fear of retribution, the council member asked not to be named. The council member wanted to be clear: the civil seizures have been a source of great controversy on the Tenaha council. This person and a colleague on the council have waged a battle to eliminate the positions of at least one peace officer who’s stripped people of thousands of dollars, but to no avail. The mayor and two other council members stand by the peace officers and the seizures.

Reached this afternoon, Tenaha Mayor George Bowers said he’s had a bad time of it since the story hit yesterday, with scores of people “not approving of our way of doing business.”

Bowers wouldn’t discuss specifics, citing a lawsuit filed by attorney David Guillory on behalf of 10 African American clients whose property was seized. But he said he believed his city had done no wrong. “Of course we think we’re right,” Bowers said. He said local peace officers “have been sent to the best schools to learn what’s right and wrong. The training’s all there. Until something different happens other than this bad publicity, we’ll continue to do what we think is right,” he said.

Virtually anything of value was up for grabs in Tenaha: cash, cell phones, personal jewelry, I-Pods, clothing and often, the very car that was being driven through town.

Unless local officials invite him to investigate, the Texas Attorney General has no authority to intervene. Two key Democratic senators, John Whitmire, of Houston, and Juan “Chuy” Hinojosa, of McAllen, meanwhile, say they’re preparing to propose dramatic reforms to the asset forfeiture law this year.